SUPREME COURT.

New Zealand Herald, Volume XLII, Issue 13048, 13 December 1905, Page 6

SUPREME COURT.

ACTION FOR DAMAGES. COLLISION BETWEEN A TRAP AND A MOTOR CAR. The hearing of the action commenced by '- Edgar John Miles, and 'his wife, Catherine Harriett , Miles/ , against Ernest Hauswell Bennett,'' for £500 and £1500 respectively ; ' ; '. ' ■ damages for • alleged injuries received in a •collision between a motor car and a trap upon the road leading from Avondale to Auckland, on March 11 last, was resumed. at' the Supreme Court yesterday morning," '''%:*:£ before His Honor Mr. Justice Edv.,uds.°' V Mr. J. O. Martin appeared for the plain- "- tiffs, and Mr. Thomas Cotter, instructed .-'■- by Mr. Hanna, for the defendant. Edgar John Miles, further cross-examin. # Ed : by Mr. Cotter, said that the'motor car swerved in towards the horse almost at right angles. Ho had not done any work as a carpenter and joiner for "some time prior to the accident. At this stage the Court was adjourned, ■in-order to enable His Honor, counsel, and* the. gentlemen .of ■the' jury'.to visit the'spot where the accident happened. , • The ; Court resumed again at three? '-' ■.'' o'clock. ■■:■[, ..;.-.. ■.■-■'•■ '. r•• -. ■> ■-■-..-. : s'V* '- Catherine Harriett Miles,, wife.of tha ..:.;-• last witness, said that she was one of-, the '••":-" occupants of the trap when the accident '■"■■ ' happened. After 'passing the motor car, ' ' her husband-"kept to the extreme left of * " the metal part, of the' road. Soon after- * wards-she heard the motor car coming on from behind. When the car drew up level with the trap it turned in and ran jntthe horse very suddenly. The horse reared .". ' and swerved round, and she did not know, * what happened after that. On recovering' -' consciousness, some- time afterwards; she ■ r found .herself lying against a stone, wall,. -,-. " : against which she had evidently been thrown. She was removed to one of the houses' near by, and after, remaining there ' *'. : for several ' days,: she was taken to the '""•"■■■ hospital. . She remained .in the hospital ; ; ' for about 14 weeks. Since heaving the .-:- "' ; hospital she had remained under medical ~ supervision. Prior to the accident she had experienced excellent health. As a restil* - of the accident she was injured in ' the ■'''','■■■■ abdomen, and had her collarbone broken.. ; '-IrA She was also much shaken. At the pre- ';.;:■ : sent time she was subject to excruciating pains. Her general health now was not,' anything like it was'before.' At the re- J quest of the defendant she was. medically . " examined by Drs. Savage and Girdler in, August last. .Two days afterwards her child was born prematurely. She had ; ; often driven behind the same horse, which 'was a . particularly quiet, trustworthy animal.

To Mr. Cotter: They were driving at a' walking pace when, they hear J the motor car coming up from behind.' The car was, a going slowly, as .-motor . cars _ went. She ■■-.■_■ >< was absolutely certain that it was not the! ■ horse which turned into .the motor car.- . ; ' She would swear absolutely, that after the ','] motor car swerved in towards the' horse, '• ' * that the latter did'not proceed, on up the '■■. hill. Immediately after the impact the ■ motor car stopped. She was unable to, ••;,"'; say whether. at the moment of the impact "'*_; >■ her husband pulled the .left or the fight; '"'-.v■ rein. .'. •-'■■:■ ■." ■■- " , .... :■■ • '.■.'■;■,■■■"■'■'' Amelia May Dunne, a sister- of. Mrs. Miles, and'an occupant of the trap, also ,i*. . gave 1 evidence. / ; . .', The further ,hearing of the case was ad- .. \ journed until half-past ten this morning; ' ' *